The International Waste Shipments (Amendment) (EU Exit) Regulations 2021

Substitution of Title 2, Chapter 6

17.  In Title 2, for Chapter 6 substitute—

“CHAPTER 6 The shipment and transport of waste within the United Kingdom

Section 1 The shipment of waste with transit via third countries

Article 31 Waste destined for disposal

Where a shipment of waste takes place within the United Kingdom, except shipments from one place in Northern Ireland into another, with transit via one or more third countries, and the waste is destined for disposal, the competent authority of dispatch shall, in addition to the provisions of Chapters 1 to 5 of this Title, ask the competent authority in the third countries whether it wishes to send its written consent to the planned shipment—

(a) in the case of Parties to the Basel Convention, within 60 days, unless it has waived this right in accordance with the terms of that Convention; or

(b) in the case of countries not Parties to the Basel Convention, within a period agreed between the competent authorities.

Article 32 Waste destined for recovery

1.   Where a shipment of waste takes place within the United Kingdom, except shipments from one place in Northern Ireland into another, with transit via one or more non-EU countries to which the OECD Decision does not apply, and the waste is destined for recovery, Article 31 shall apply.

2.   Where a shipment of waste takes place within the United Kingdom, except shipments from one place in Northern Ireland into another, with transit via one or more EU countries, or non-EU countries to which the OECD Decision applies, and the waste is destined for recovery, the consent referred to in Article 9 may be provided tacitly, and if no objection has been lodged or no conditions have been specified, the shipment may start 30 days after the date of transmission of the acknowledgement by the competent authority of destination in accordance with Article 8.

Section 2 The transport of waste without transit via third countries

Article 32A Waste destined for disposal or recovery in Northern Ireland

1.   Where waste is transported from Great Britain and destined for disposal or recovery in Northern Ireland, without transit via one or more third countries, the provisions of Chapters 1 to 5 of this Title shall apply, subject to the following modifications.

2.   The following definitions in Article 2, in their application to Title 2, are to be read as meaning the following—

Definition	Different meaning
Country of dispatch	Great Britain
Country of destination	Northern Ireland
Country of transit	The third country through which a shipment of waste is planned or takes place
Shipment	The transport of waste destined for recovery or disposal which is planned or takes place from Great Britain to Northern Ireland

3.   Article 2C(1)(b), in its application to Title 2, is to be read as if after “EU country” there were inserted “or Northern Ireland”.

4.   In Articles 9 to 12, each reference to a period of 30 days following the date of transmission of the acknowledgement of the competent authority of destination in accordance with Article 8 is, in relation to a competent authority of transit in a non-EU country, to be read as a reference to a period of 60 days following that date.

Article 32B Waste with transit via Northern Ireland

1.   Where waste is transported from one place in Great Britain to another, with transit via Northern Ireland, the provisions of Chapters 1 to 5 of this Title shall apply, subject to the following modifications.

2.   The following definitions in Article 2, in their application to Title 2, are to be read as meaning the following—

Definition	Different meaning
Country of dispatch	Great Britain
Country of destination	Great Britain
Country of transit	Northern Ireland
Shipment	The transport of waste destined for recovery or disposal which is planned or takes place from one place in Great Britain to another with transit via Northern Ireland

3.   Article 2C(1)(b), in its application to Title 2, is to be read as if after “EU country” there were inserted “or Northern Ireland”.

4.   In Articles 9 to 12, each reference to a period of 30 days following the date of transmission of the acknowledgement of the competent authority of destination in accordance with Article 8 is, in relation to a competent authority of transit in a non-EU country, to be read as a reference to a period of 60 days following that date.”.